JAC - La Paz Agreement

The Parties agree to coordinate their efforts, in conformity with their own national legislation and existing bilateral agreements to Address problems of air, land and water pollution in the border area.

To implement this Agreement, the Parties shall consider and, as appropriate, pursue in a coordinated manner practical, legal, institutional and technical measures for protecting the quality of the environment in the border area. Forms of cooperation may include: coordination of national programs; scientific and educational exchanges; environmental monitoring; environmental impact assessment; and periodic exchanges of information and data on likely sources of pollution in their respective territory which may produce environmentally polluting incidents, as defined in an annex to this Agreement.

The Parties shall assess, as appropriate in accordance with their respective national laws, regulations and policies, projects that have significant impacts on the environment of the border area, that appropriate measures may be considered to avoid or mitigate adverse environmental effects.

Each Party designates a national coordinator whose principal functions will be to coordinate and monitor implementation of this Agreement, make recommendations to the Parties, and organize the annual meetings referred to in Article 10, and the meetings of the experts referred to in Article 11. Additional responsibilities of the national coordinators may be agreed to in an annex to this Agreement.In the case of the United States of America the national coordinator shall be the Environmental Protection Agency, and in the case of Mexico it shall be the Secretar?a de Desarrollo Urbano y Ecolog?a, through the Subsecretar?a de Ecolog?a.

Taking into account the subjects to be examined jointly, the national coordinators may invite, as appropriate, representatives of federal, state and municipal governments to participate in the meetings provided for in this Agreement. By mutual agreement they may also invite representatives of international governmental or non?governmental organizations who may be able to contribute some element of expertise on problems to be solved.The national coordinators will determine by mutual agreement the form and manner of participation of non?governmental entities.

ARTICLE 10

The Parties shall hold at a minimum an annual high level meeting to review the manner in which this Agreement is being implemented. These meetings shall take place alternately in the border area of Mexico and the United States of America.The composition of the delegations which represent each Party, both in these annual meetings as well as in the meetings of experts referred to in Article 11, will be communicated to the other Party through diplomatic channels.

ARTICLE 11

The Parties may, as they deem necessary, convoke meetings of experts for the purposes of coordinating their national programs referred to in Article 6, and of preparing the drafts of the specific arrangements and technical annexes referred to in Article 3.These meetings of experts may review technical subjects. The opinions of the experts in such meetings shall be communicated by them to on the national coordinators, and will serve to advise the Parties technical matters.

ARTICLE 12

Each Party shall ensure that its national coordinator is informed of activities of its cooperating agencies carried out under this Agreement. Each Party shall also ensure that its national coordinator is informed of the implementation of other agreements concluded between the two Governments concerning matters related to this Agreement. The national coordinators of both Parties will present to the annual meetings a report on the environmental aspects of all joint work conducted under this Agreement and on implementation of other relevant agreements between the Parties, both bilateral and multilateral.Nothing in this Agreement shall prejudice or otherwise affect the functions entrusted to the International Boundary and Water Commission, in accordance with the Water Treaty of 1944.['1] Treaty relating to the utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande. Signed at Washington Feb. 3, 1944 and supplementary protocol signed Nov. 14, 1944. TS 994; 59 Stat. 1219.

ARTICLE 13

Each Party shall be responsible for informing its border states and for consulting them in accordance with their respective constitutional systems, in relation to matters covered by this Agreement.

ARTICLE 14

Unless otherwise agreed, each Party shall bear the cost of its participation in the implementation of this Agreement, including the expenses of personnel who participate in any activity undertaken on the basis of it.For the training of personnel, the transfer of equipment and the construction of installations related to the implementation of this Agreement, the Parties may agree on a special modality of financing, taking into account the objectives defined in this Agreement.

ARTICLE 15

The Parties shall facilitate the entry of equipment and personnel related to this Agreement, subject to the laws and regulations of the receiving country.In order to undertake the monitoring of polluting activities in the border area, the Parties shall undertake consultations relating to the measurement and analysis of polluting elements in the border area.

ARTICLE 16

All technical information obtained through the implementation of this Agreement will be available to both Parties. Such information may be made available to third parties by the mutual agreement of the Parties to this Agreement.

ARTICLE 17

Nothing in this Agreement shall be construed to prejudice other existing or future agreements concluded between the two Parties, or affect the rights and obligations of the Parties under international agreements to which they are a party.

ARTICLE 18

Activities under this Agreement shall be subject to the availability of funds and other resources to each Party and to the applicable laws and regulations in each country.

ARTICLE 19

The present Agreement shall enter into force upon an exchange of Notes stating that each Party has completed its necessary internal procedures.[']

ARTICLE 20

The present Agreement shall remain in force indefinitely unless one of the Parties notifies the other, through diplomatic channels, of its desire to denounce it, in which case the Agreement will terminate six months after the date of such written notification. Unless otherwise agreed, such termination shall not affect the validity of any arrangements made under this Agreement.

ARTICLE 21

This Agreement may be amended by the agreement of the Parties.

ARTICLE 22

The adoption of the annexes and of the specific arrangements provided for in Article 3, and the amendments thereto, will be effected by an exchange of Notes.[1]

ARTICLE 23

This Agreement supersedes the exchange of Notes, concluded on June 19, 1978 with the attached Memorandum of Understanding between the Environmental Protection Agency of the United States and the Subsecretariat for Environmental Improvement of Mexico for Cooperation on Environmental Programs and Transboundary Problems.[2]

DONE in duplicate, in the city of La Paz, Baja California, Mexico, on the 14th of August of 1983, in the English and Spanish languages, both texts being equally authentic.1 Annexes subsequently agreed to by the parties are on file in the Office of Treaty Affairs, Department of State.2 TIAS 9264; 30 UST 1574.3 Ronald Reagan.4 George P. Shultz.5 De la Madrid.6 B. Sepulveda

P R E A M B L EThe Government of the United States of America ("the United States"), and the Government of the United Mexican States ("Mexico'), ("the Parties"),Recognizing public concern for health and environmental damage resulting from air pollution caused by copper smelters along their common border;Taking note that such public concern led to consultations between the Parties in the framework of their Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Area of 1983 ("the 1983 Agreement");Taking note also with satisfaction that such consultations led to the taking by each of the Parties, in their respective territories, of measures which will yield an improvement of the air quality in the border area;Recognizing that the decision in the United States to close the Phelps Dodge copper smelter in Douglas, Arizona, by January 15, 1987, will constitute a significant contribution to the protection of the environment in the border area;Recognizing also that the efforts already in progress in Mexico to establish a high efficiency plant for the processing of sulphur dioxide to sulphuric acid, in the Mexicana de Cobre La Caridad copper smelter in Nacozari, Sonora, by June 1, 1988, will constitute a significant contribution to the protection of the environment in the border area;Considering the importance for the Parties to ensure the implementation of the above described measures, as well as the need to contemplate the adoption of other measures to further protect and improve air quality from activities by copper smelters in the border area;Reaffirming Principle 21 of the 1972 Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm, which provides that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;Desirous to cooperate effectively to protect public health and welfare from the effects of air pollution caused by copper smelters in the border area; andRecalling that Article 3 of the 1983 Agreement provides that the Parties may conclude specific arrangements for the solution of common problems in the border area as annexes to that Agreement,Have agreed as follows:

ARTICLE I

Emissions Reduction Measures

1. The United States undertakes to ensure that in the event that the Phelps Dodge copper smelter in Douglas, Arizona, recommences smelting after January 15, 1987, or that any other copper smelter is established in its side of the border area in the future, such smelter will be subject upon commencement of smelting operations to the taking of effective measures necessary to ensure that sulphur dioxide emissions shall not exceed .065 percent by volume during any six?hour period.

2. In the United States other existing copper smelters in its side of the border area, whether currently operating or not, will continue to be subject to effective control measures necessary to protect the environment from sulphur dioxide emissions, as provided by applicable state and federal law.

3. Mexico undertakes to ensure that operations of the Mexicana de Cobre la Caridad copper smelter in Nacozari, Sonora, after 1 June 1988, or the establishment of any other copper smelter in its side of the border area in the future, will upon commencement of operations be subject to the taking of effective measures necessary to ensure that sulphur dioxide emissions shall not exceed .065 percent by volume during any six?hour period. Until that date, the Nacozari smelter will continue operating at a maximum average sulphur dioxide emissions limit that does not exceed any ambient concentration up to 0.13 parts per million during any twenty?four hour period.

4. Mexico undertakes to ensure that any future expansion of the smelting capacity of the Compania Minera de Cananea copper. smelter in Cananea, Sonora, will be subject, at the time of commencement of such expanded operations, to the taking of effective measures to ensure that sulphur dioxide emissions shall not exceed .065 percent by volume during any six?hour period.

5. For the purpose of determining compliance with the .065 emissions limitation established in this Annex,

a) Six?hour average sulphur dioxide concentrations shall be, calculated and recorded daily for the four consecutive six?hour periods of each operating day, beginning at 12 a.m.b) Each six?hour period shall be contiguous one?hour average sulphur dioxide concentrations.c) One?hour average emissions concentrations shall be computed from four or more data points equally spaced over each one?hour period.

6. The Parties shall endeavor to take, subject to the availability of resources, any other appropriate interim emissions reduction measures intended to protect public health and welfare from air pollution caused by copper smelters in the border area.

ARTICLE IIEmissions Monitoring, Record keeping and Reporting Systems

1. Any copper smelter that, in accordance with this Annex, will be required to comply with the emissions limitation of .065 percent by volume during any six?hour period, shall install, operate and maintain continuous emissions monitoring, Record keeping and reporting systems, on the following bases:

a) For the purpose of monitoring emissions of sulphur dioxide, the monitoring system shall he installed, calibrated and maintained by the owner or operator of any copper smelter to which this Article applies, with zero and span checks to be performed daily and a quality assurance program.b) For the purpose of Record keeping, all records of emissions shall be kept for two years following the dates of such emissions, and:

i) other information to be kept on file may include continuous monitoring system, monitoring device and performance testing measurements, all continuous monitoring system or monitoring device calibration checks adjustments or maintenance performed on these systems or devices, and all other information that the competent national authority may require be kept.

ii) the smelter owner or operator shall be required to keep a monthly record of the total smelter charge.

iii) The copper smelter owner or operator shall be required to submit to the competent national authority, on a quarterly basis, written reports of sulphur dioxide emissions that exceed .065 percent by volume during any six?hour period as well as the following information:-The magnitude of any emissions which exceed .065 percent by volume during any six?hour period, and the date and time of commencement and completion of each time period of these emissions.

? Specific identification of each six?hour period in which emissions exceed .065 percent by volume during startup, shutdown or malfunctions of the smelter, the nature and cause of any malfunction, if known, and the corrective actions taken.

-The date, time, and duration of each period during which the continuous monitoring system was inoperative, except for zero and span checks, and the nature of the system repairs or adjustments.

2. The emissions monitoring, Record keeping and reporting systems referred to in paragraph 1 of this Article, are aimed at availing each Party with adequate information to enable it to undertake whatever practicable measures are regarded as appropriate, or to enable the Parties to cooperate to that end, and in no way shall such resulting information be interpreted so as to alter the commitments of the Parties specified in Article I of this Annex or in any of its other provisions.

3. The Parties shall consult in order to find effective means of cooperation, to ensure the most immediate means for the prompt and full implementation of the provisions in this Article.

ARTICLE IIIAtmospheric Monitoring Facilities

The Parties shall continue to consult concerning their existing atmospheric monitoring facilities located in the border area, and will continue to cooperate to enhance effective monitoring.

ARTICLE IVWorking Group of Technical Experts

1. The Parties confirm the binational body established by the First Annual Meeting of National Coordinators, in the spirit of Article 11 of the 1983 Agreement, of technical experts known as the U.S.?Mexico Air Quality working Group ("Working Group"). The working Group shall be co?chaired by officials who shall be appointed by and report to the United States and Mexican Coordinators ("National Coordinators") as provided for under Article 8 of the 1983 Agreement. The Working Group shall meet on a regular basis and shall include participation, as appropriate or necessary, of state and local officials from both countries.

2. The Working Group shall meet at least once every six months to review progress in abating smelter pollution in the border area, as contemplated by this Annex and, if necessary, to make findings on additional corrective measures for recommendation to the National Coordinators. The Working Group shall submit all its recommendations and its evaluation of the Parties' compliance with the terms of this Annex in a bi?annual report to the National Coordinators. The National Coordinators shall, by mutual agreement, implement such recommendations as they deem appropriate.3. The National Coordinators shall forward all Working Group reports to the respective Foreign Ministries in each country, namely, the Department of State, in the case of the United States, and the Secretariat of External Relations, in the case of Mexico, and shall recommend, taking into account Working Group reports, such additional action as may be needed to further the purposes of this Annex.4. The Parties shall, consistent with their respective domestic legislation and regulations, exchange information and data on copper smelters in their respective border states, and also ensure that the Working Group is provided with complete information, including atmospheric and emissions monitoring data in the border area and other information either existing or which may become available as a result of this Annex.

ARTICLE VLegislative Authority

The Parties will promote legislative authority, as may be necessary, to provide for the abatement of transboundary air pollution caused by copper smelters. The Parties shall continue to consult with respect to these matters.

ARTICLE VIEffect on Other Instruments

1. Nothing in this Annex shall be construed to prejudice other existing or future agreements concluded between the Parties, or affect the rights or obligations of the Parties under international agreements to which they are Party.

2. The provisions of this Annex shall, in particular, not be deemed to prejudice or otherwise affect the functions entrusted to the International Boundary and Water Commission, in accordance with the 1944 Treaty on the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande.

ARTICLE VIIAppendices

Any appendices to this Annex may be added through an exchange of diplomatic notes and shall form an integral part of this Annex.

ARTICLE VIIIAmendment

This Annex, and any appendices added hereto, may be amended by mutual agreement of the Parties through an exchange of diplomatic notes.

ARTICLE IXReview

The Parties shall meet at least every two years from the date of entry into force of this Annex, at a time and place to he mutually agreed upon, in order to review the effectiveness of its implementation and to agree on whatever individual and joint measures are necessary to improve such effectiveness.

ARTICLE XEntry into Force

This Annex shall enter into force upon an exchange of diplomatic notes between the Parties stating that each Party has completed its necessary internal procedures.

ARTICLE XITermination

This Annex shall remain in force indefinitely, unless one of the Parties notifies the other in writing through diplomatic channels of its desire to terminate it, in which case the Annex shall terminate six months after the date of such written notification. Unless otherwise agreed, such termination shall not affect the validity of any agreements made under this Annex.IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Annex.DONE at Washington, in duplicate, this twenty?ninth day of January, 1987, in the English and Spanish languages, both texts being equally authentic.

ANNEX V TO THE AGREEMENT

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND

THE GOVERNMENT OF THE UNITED MEXICAN STATES

ON COOPERATION FOR THE PROTECTION AND IMPROVEMENT

OF THE ENVIRONMENT IN THE BORDER AREA

AGREEMENT OF COOPERATION

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE UNITED MEXICAN STATES

REGARDING INTERNATIONAL TRANSPORT OF URBAN AIR POLLUTION

The Government of the United States of America ("the United States") and the Government of the United Mexican States ("Mexico") ("the Parties"),

Recognizing that health and environmental damage may result from emissions of air pollutants in urban areas;

Realizing that the transport of air pollutants occurs from border cities of the United States to border cities of Mexico and from border cities of Mexico to border cities of the United States;

Seeking to ascertain the magnitude of such air pollutant transport and the physical mechanisms facilitating this transport;

Realizing that certain adjacent areas in the United States and in Mexico fail to meet their countries' respective ambient air quality standards for various pollutants;

Seeking to ensure a reduction in air pollution concentrations for the benefit of their citizens living in urban areas along the United States?Mexico border;

Reaffirming Principle 21 of the 1972 Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm, which provides that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or areas beyond the limits of national jurisdiction;

Recognizing that Article 3 of the Agreement between the Parties on Cooperation for the Protection and Improvement of the Environment in the Border Area of 1983 ("the 1983 Agreement") provides that the Parties may conclude specific arrangements for the solution of common problems in the border areas as annexes to that Agreement,Have agreed an follows:

ARTICLE I

DEFINITIONS

1. "Study area" means each specific geographic area of urban air pollution concern which the Parties agree to subject to the requirements of this Annex, as listed in the appendices to this Annex.

2. "Selected pollutants" means those air contaminants chosen by the Parties for each "study area", as listed in the appendices to this Annex.

3. "Major stationary source" means any stationary source with emissions greater than 97 metric tons (100 tons) per year for which there is a specific air pollution control standard in force, any other source with emissions greater than 243 metric tons (250 tons) per year, and any other stationary source which the Parties mutually so designate for the purposes of this Annex.

4. "Air pollution control standards" means technologically?achievable limits for controls on air pollution emissions from stationary sources (e.g., New Source Performance Standards and Limites de Emision para Fuentes Nuevas).

5. "Ambient air quality standards" means critical ambient levels of air pollutants (e.g., the National Ambient Air Quality Standards and la Norma Mexicana de Calidad del Aire).

6. "Mobile sources" means automotive, bus or truck vehicles, off?road vehicles, waterborne vessels, and aircraft.

7. "Area sources" means all emitters of air contaminants other than major stationary sources and mobile sources.

8. "Industrial classification" means a system of classifying various industrial activities by organizing them into comparable types (e.g., the Standard Industrial Classification (SIC) Code and el Sistema Nacional de Informacion de Fuentes Fijas (SNIFF)).

9. "Emission point type" means the small?scale source of pollutant release, namely stack, fugitive, volume, or line.

ARTICLE II

GENERAL OBLIGATIONS

1. For each study area, the Parties shall detail in their respective territory the magnitude of emissions of selected pollutants and the name, type, and location of each source of pollution, if it is a major stationary source,

2. For each study area, the Parties shall identify in their respective territory the nature and magnitude of control requirements, if any, for each major stationary source needed to conform to the air pollution control standards applicable to that source type and shall identify relatively simple and quickly initiated controls and/or changes in management practice to reduce air pollution from each major stationary source not meeting applicable air pollution control standards.

3. For each study area, the Parties shall estimate in their respective territory the emissions of the selected pollutants due to the activities of all mobile and area sources.

4. The Parties shall issue a joint report incorporating their findings under (1), (2), and (3) above within six months of making such findings.

5. Each Party shall, in its territory, perform ambient monitoring of common selected pollutants and meteorological parameters in each study area in such a way as to ascertain the pollution concentrations arising from each separate urban area and those concentrations due to the interaction of pollutants originating from both urban areas.

6. Each Party shall issue reports at agreed?upon intervals of time, but not longer than yearly intervals, detailing the results of monitoring carried out under (5) above.

7. Each Party shall, in its territory, perform monitoring to the extent necessary to successfully support the use of a state?of?the?art mathematical air modeling analysis. The Parties shall perform the modeling analysis in order to assess accurately the effect of changes in emission levels from each source type within the study area on the ambient concentrations of the related pollutants within the study area.

8. Monitoring in each study area will continue for a period of two years from the commencement Of each study, at which Point the Parties will decide whether further monitoring is desired.

ARTICLE III

COMPILING AIR POLLUTION EMISSION INFORMATION AS OUTLINED INVENTORIES AND SOURCE IN ARTICLE II

1. For the Purposes Of Article II, each Party shall compile air Pollution emission inventories and source information with respect to its territory.

2. The emission inventories shall be based upon emission factors that are mutually acceptable to both Parties.

3. Each Party shall list the emissions of each major stationary source in its territory in mutually agreed?upon conventional units of measure with the source's address and industrial classification; for each separate emission point in the major stationary source, each Party shall list the emissions, latitude and longitude, emission point type, stack diameter, stack height, stack gas exit velocity, stack gas exit temperature, width, length, and height, where applicable.

4. Utilizing the information obtained under (2) and (3) above, each Party shall identify those major stationary sources in its territory that do not meet applicable air Pollution control standards for each selected pollutant. For all such sources, the Parties shall, based upon site visits and/or good engineering practice: (a) identify the type and extent of Pollution control equipment which would be required to bring each such source into conformity with applicable air pollution control standards for each selected pollutant; and (b) identify relatively simple and quickly initiated controls and/or changes in management practice to reduce air pollution from each such source. The Parties shall also identify the approximate percentage of emissions reduction of each selected pollutant that would result from such controls and/or changes in management practice. Participants designated by one Party for agreed site visits in the territory of the other Party shall have the status of observers.

ARTICLE IV

PERFORMANCE OF MONITORING AND MODELING

AS OUTLINED IN ARTICLE II

1. For the purposes of Article II, each Party shall perform the tasks related to monitoring and modeling with respect to its territory.

2. Each Party shall, in its territory, locate and operate monitors in each study area in numbers sufficient to fulfill the goals of this Annex to assess ambient concentrations of the selected pollutants.

3. Each Party shall, in its territory, locate and operate meteorological stations in numbers sufficient to fulfill the goals of this Annex; these stations shall monitor for the following parameters on a continuous basis: wind speed, wind direction, and temperature.

4. All details relating to the nature, number and placement of the monitoring devices used in (2) and (3) above shall be mutually agreed upon by the Parties.

5. Analysis associated with monitoring and quality assurance shall be conducted in a manner mutually agreed upon by the Parties.

6. The state?of?the?art mathematical modeling analysis shall be either a dispersion modeling analysis or a receptor modeling analysis or both, as mutually agreed upon by the Parties; supplementary analyses may be authorized by mutual consent of the Parties.

ARTICLE V

HARMONIZATION OF STANDARDS

In order to make more effective the implementation of this Annex, the Parties shall jointly explore ways to harmonize, as appropriate, their air pollution control standards and ambient air quality standards in accordance with their respective legal procedures.

ARTICLE VI

PROTECTION OF CONFIDENTIAL INFORMATION

The Parties shall adopt procedures to protect the confidentiality of proprietary or sensitive information conveyed pursuant to this Annex, when such procedures do not already exist.

ARTICLE VII

EFFECT ON OTHER INSTRUMENTS

Nothing in this Annex or its appendices shall be construed to prejudice other existing or future agreements concluded between the Parties, or affect the rights or obligations of the Parties under international agreements to which they are party.

ARTICLE VIII

IMPLEMENTATION

Implementation of this Annex is dependent upon the availability of sufficient funding.

ARTICLE IXAPPENDICES

Appendices to this Annex may be added through an exchange of diplomatic notes and shall form an integral part of this Annex.

ARTICLE X

AMENDMENT

This Annex, and any appendices added hereto, may be amended by mutual agreement of the Parties through an exchange of diplomatic notes.

ARTICLE XI

REVIEW

The National Coordinators under the 1983 Agreement or their designees shall meet at least every year from the date of entry into force of this Annex, at a time and place to be mutually agreed upon, in order to review the effectiveness of its implementation and to agree on whatever individual and joint measures are necessary to improve such effectiveness.

ARTICLE XII

ENTRY INTO FORCE

This Annex shall enter into force after signature when each Party has informed the other through diplomatic note that it has completed the internal procedures necessary for the Annex to enter into force.

ARTICLE XIII

TERMINATION

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Annex.Done at Washington, in duplicate, this third day of October, 1989 in the English and Spanish languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THEUNITED STATES OF AMERICA:FOR THE GOVERNMENT OF THEUNITED MEXICAN STATES:

APPENDIX ANNEX V TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED MEXICAN STATES ON COOPERATION FOR THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE BORDER AREAAGREEMENT OF COOPERATIONBETWEENTHE GOVERNMENT OF THE UNITED STATES OF AMERICAANDTHE GOVERNMENT OF THE UNITED MEXICAN STATESREGARDING INTERNATIONAL TRANSPORT OF URBAN AIR POLLUTION

For the purposes of Annex V, the Parties agree to defineStudy Area "A" as:El Paso County, Texas; that part of the State of New Mexico that is both south of latitude 32 degrees 00 minutes North and east of longitude 106 degrees 40 minutes West; and that part of the State of Chihuahua that is both north of latitude 31 degrees 20 minutes North and east of longitude 106 degrees 40 minutes West.For Study Area "A', the Parties agree to define as selected pollutants the following: ozone, nitrogen oxides, non?methane hydrocarbons, carbon monoxide, sulfur dioxide, particulate matter, and lead.

Appendix E.

Appendix 1 to Annex V

ANNEX V TO THE AGREEMENT BETWEEN THE UNITES MEXICAN STATES AND THE UNITED STATES OF AMERICA ON THE COOPERATION FOR THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE BORDER AREA

AGREEMENT FOR COOPERATION BETWEEN THE UNITED MEXICAN STATES AND THE UNITED STATES OF AMERICA REGARDING INTERNATIONAL TRANSPORT OF URBAN AIR POLLUTION

Recalling that in the preamble to Annex V the Parties affirm their intention to ensure a reduction in air pollution concentrations for the benefit of their citizens living in the urban areas along the United States-Mexico border; and

Recognizing the importance of the participation of the local communities in carrying out the efforts to achieve this objective;

The Parties, having decided to establish a Joint Advisory Committee for the Improvement of Air Quality (hereinafter "The Committee") in the Ciudad Ju?rez, Chihuahua/El Paso, Texas/Do?a Ana County, New Mexico Air Basin (hereinafter "air basin"),

Have agreed as follows:

DEFINITION

The air basin is defined as the geographic area that includes El Paso County, Texas, and those parts of Do?a Ana County, New Mexico and the metropolitan are of Ciudad Ju?rez, Chihuahua that are within 100km of the border.

OBJECTIVE

The Committee is established for the purpose of developing and presenting recommendations to the Air Work Group established under the La Paz Agreement regarding strategies for the prevention and control of air pollution in the air basin.